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MPs call for new gang murder law MPs call for new gang murder law
(about 3 hours later)
A new, less complex law on gang-related killings is needed to ensure justice for victims and defendants, MPs say.A new, less complex law on gang-related killings is needed to ensure justice for victims and defendants, MPs say.
The Commons Justice Select Committee said a change in the law in England and Wales would also cut appeals.The Commons Justice Select Committee said a change in the law in England and Wales would also cut appeals.
"Joint enterprise" allows for people to be jailed for life even if they had no direct role in a crime. "Joint enterprise" allows groups or gangs to be charged with murder, even if one person delivered the fatal blow.
The director of public prosecutions has agreed to produce new guidelines spelling out the level of involvement needed to charge someone with murder. Ahead of any legislation, the director of public prosecutions has agreed to issue new guidelines on the level of involvement needed for a murder charge.
The MPs' committee said the law surrounding gang murder cases was now so complicated that juries "may find it impossible to understand how to reach the right verdict".The MPs' committee said the law surrounding gang murder cases was now so complicated that juries "may find it impossible to understand how to reach the right verdict".
Its report said ultimately a new law was needed to ensure justice and end the high number of appeals against convictions. Its report said a new law was needed to ensure justice and end the high number of appeals against convictions.
But prosecutors should urgently be given new guidance in joint enterprise cases, particularly those involving gang-related killings, it said, to help clarify the situation before a new law can be brought in. In the meantime prosecutors should urgently be given new guidance in joint enterprise cases, particularly those involving gang-related killings, the MPs said, to help clarify the situation before a new law can be brought in.
The legal principle of joint enterprise means that entire groups or gangs to be charged with murder, even if only one person carried out the killing.
'Clear and unforgiving''Clear and unforgiving'
The legal principle of joint enterprise - through which two men were convicted earlier this month of the 1993 murder of black teenager Stephen Lawrence - means that entire groups or gangs can be charged with murder, even if only one person carried out the killing.
In December, five teenagers were given sentences of detention for killing 15-year-old Zac Olumegbon, who was stabbed to death as he arrived at school in West Norwood, south London, in July 2010.In December, five teenagers were given sentences of detention for killing 15-year-old Zac Olumegbon, who was stabbed to death as he arrived at school in West Norwood, south London, in July 2010.
Speaking after the case, Det Ch Insp John McFarlane said: "This case must act as a deterrent to other young people who think they will not be prosecuted or go to prison just because they did not deliver the fatal blow.Speaking after the case, Det Ch Insp John McFarlane said: "This case must act as a deterrent to other young people who think they will not be prosecuted or go to prison just because they did not deliver the fatal blow.
"The law on joint enterprise is clear and unforgiving - if you are with the knifeman in a murder case you too could be found guilty and sent to prison.""The law on joint enterprise is clear and unforgiving - if you are with the knifeman in a murder case you too could be found guilty and sent to prison."
But a woman whose brother was convicted of murder under joint enterprise and is serving a life term after, she says, he thought he was witnessing a fight, believes the law must change.
"I think it should be tightened up for secondary parties in spontaneous joint enterprises," Ashleigh Towers told BBC Breakfast.
"You can't foresee a spontaneous situation arising - so you shouldn't be held responsible for that situation, if you don't play any part in it.
"I think everybody should be held for their own actions only, not somebody else's actions."
A statement from the family of the victim in the case, given to Breakfast, said: "Life should mean life."
'Evidence of involvement'
Sir Alan Beith, the justice committee's chairman, said: "This area of law is vital to ensuring the prosecution and conviction of criminals involved in gang-related violence in particular, but is now so complex that juries may find it impossible to understand how to reach the right verdict."Sir Alan Beith, the justice committee's chairman, said: "This area of law is vital to ensuring the prosecution and conviction of criminals involved in gang-related violence in particular, but is now so complex that juries may find it impossible to understand how to reach the right verdict."
He said that while joint enterprise could help deter young people from becoming involved in gangs, "confusion over the law and how it works can put vital witnesses in fear of coming forward, allowing the real criminals to escape justice".He said that while joint enterprise could help deter young people from becoming involved in gangs, "confusion over the law and how it works can put vital witnesses in fear of coming forward, allowing the real criminals to escape justice".
'Evidence of involvement'
The committee called on Director of Public Prosecutions Keir Starmer QC to issue urgent guidance setting out "the proper threshold at which association potentially becomes evidence of involvement in crime".The committee called on Director of Public Prosecutions Keir Starmer QC to issue urgent guidance setting out "the proper threshold at which association potentially becomes evidence of involvement in crime".
It said: "Such guidance should deal specifically with murder, although we acknowledge such guidance will not assuage the concerns of some of our witnesses." Last month, the most senior judge in England and Wales expressed concerns over joint enterprise prosecutions.
The current lack of clarity was "unacceptable", it added. The Lord Chief Justice Lord Judge said: "It is one thing to be party to punching somebody, quite another to be party to using a potentially lethal weapon on them."
It comes after the most senior judge in England and Wales expressed concerns over joint enterprise prosecutions last month. Mr Starmer has agreed to produce the guidelines, which he said would advise on the "proper threshold at which association potentially becomes evidence of criminality".
The Lord Chief Justice Lord Judge said: "It's particularly difficult and troublesome when more than one person is said to be involved, a joint enterprise murder.
"It is one thing to be party to punching somebody, quite another to be party to using a potentially lethal weapon on them."
Mr Starmer has agreed to produce the guidelines called for by MPs.
He said it would include guidance on the "proper threshold at which association potentially becomes evidence of criminality".
"This exercise will be done through consultation, with interested parties, on draft guidance in due course, and as with all CPS guidance it will be kept under review," he added."This exercise will be done through consultation, with interested parties, on draft guidance in due course, and as with all CPS guidance it will be kept under review," he added.
"The CPS will also now consult with the Ministry of Justice on the best way forward for collating statistics around cases involving joint enterprise.""The CPS will also now consult with the Ministry of Justice on the best way forward for collating statistics around cases involving joint enterprise."
Have you been involved in a past court case where the "joint enterprise" law was used? What do you think of the law? Send us your stories using the form below.Have you been involved in a past court case where the "joint enterprise" law was used? What do you think of the law? Send us your stories using the form below.